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(영문) 대전지방법원 2015.07.08 2015고단1742
상해
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Criminal facts

On April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than six months at the Daejeon District Court for the crime of injury, and is currently pending in the trial.

On January 25, 2015, at around 11:40, the Defendant: (a) committed the name of Victim E (the 60-year age), who is an employee of the said call architecture, in Daejeon-gu, Daejeon-gu; (b) however, the Defendant sent the victim’s face three times of drinking or drinking with the victim’s response to the victim’s her name without permission, and had the victim injured the victim by taking about about 21 days of drinking and drinking with approximately 21 days of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selecting a sentence of imprisonment with prison labor [Scope of Recommendation]: General injury to the defendant: There is no basic area (two months of imprisonment with prison labor or one year and six months): [Determination of sentence] [Determination of sentence]: The defendant is aware of criminal punishment, such as punishment for the same kind of crime, even though he/she was sentenced several times of punishment due to the same crime, and the fact that the defendant was aware of the crime in this case, and that no damage recovery to the victim was completely performed is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected against the defendant is favorable to the defendant.

The purpose and background of the instant crime, degree of injury to the victim, age, character and conduct, occupation, family relationship, environment, etc. of the Defendant, and all other circumstances revealed in the pleadings, shall be determined as per the order in consideration of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee.

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